FC3 - Saying NO to AMI installation by Formal Complaint or Inquiry:
The following documentation and questions are for support to defend our Constitutional Rights and by no means a conclusive answer or solution to the AMI meter problem.
4. The right for Consumers, customers, to seek legal redress in regard to the cost associated with AMI meters and the possible negative health effects is addressed by Michigan Court of Appeals Judge Peter D. O'Connell in his Decision of July 22, 2015. You should have a choice.
Contact Michigan Attorney General and demand 14th Amendment Due Process!
Excerpt from MPSC letter to customer's complaint.
The MPSC Formal Complaint
6. Has any credible source in Michigan recognized the Unjust Burden of Cost, Health, Privacy and Safety issues of AMI meters and the DTE Opt-Out Case U-17053?
2. A Formal Complaint must address your issues, backed by documented facts that a reasonable and prudent person believe to be true and factual within the MPSC's jurisdiction to resolve, the utility resolve or come to a settlement.The main issues of Cost, Health and Invasion of Privacy are addressed in the Example Formal Complaint.
Documentation of YOUR RIGHTs and Legal Requirements.
The DTE SHUT Off NOTICE - Your filing a FORMAL COMPLAINT will NOT stop a shut-off if the MPSC simply chooses not to respond.
Make an Educated informed Decision - Its YOUR CHOICE!!
The following documentation I believe to be true to the best of my knowledge.
The Utility Corporations and associated Smart Appliance manufacturers want to be connected to the Global Market which will be multi Million and Billion dollar markets with the evolvement of Radio Frequency communications within the home.
The AMI meters are not like the AMR meters which are read once a month when usage data is requested. The AMI meter almost constantly cycles, collecting data of energy consumption at different intervals emitting different levels of radiation and sends that information to a collector which may be another residence. This pulsing radiation outside and within the residence, of different magnitudes is deemed as potentially dangerous. This is of special concern when accumulated with cell tower radiation, other RFR meters and / or Smart RF Appliances. Not letting the human body recuperate from the exposure.
There is no scientific documentation of a "Safe Level" for the long term exposure, chronic exposure from one source let alone multi sources which the AMI meter is designed to do with the HAN, Home Area Network.
Cell Phones and Smart Meters are deemed to be similar operation regarding Radio Frequency exposure. Yet, Cell phones have been classified by the WHO as a possible Carcinogen.
5. Why is a Smart Meter's Radio Frequency Radiation being considered dangerous by so many people and not the Utility Corporations ?
DTE Representative Bob Sitkauskas has repeatedly stated that the AMI meters are safe as they meet FCC regulations. However, the Environmental Protection Agency has stated the FCC regulations, standards, do not apply to the long term chronic prolonged exposure of Non-thermal radiation such as that from AMI meters and Cell Phones.
4. Is the Radio Frequency Radiation of the AMI meters DTE is forcing on Consumers Safe?
The utility must offer customers a "New Rate Schedule" to receive an AMI meter thus
"Permission from the customer"
and the Itron OpenWay AMI meter DTE is installing is a Two Way Radio Frequency device with (4) channels of data collection capability. Designed to communicate with Smart Chipped Appliances in a HAN, Home Area Network.
3. Is the installation of an AMI meter without residents permission unlawful? YES, according to Michigan Penal Code 750.539d
Thus, reasonable and prudent people believe DTE is Liable for its management decision to remove a safe and reliable analog meter that is not broken, does not need servicing or repair and install a Radio Frequency data collection device on the consumer's home without their permission or a new contract for rates and service.
MPSC representative Pat Hudson on November 8, 2011 at the Ypsilanti Community Center answered My, John Holeton, exact question and said, "No, Mr. Holeton, Smart Meters are not mandatory in Michigan".
The Michigan Court of Appeals decision of February 19, 2015 clarifies the DTE decision to install AMI meters, Smart Meters, is strictly a management decision and not within the PSC jurisdiction to make decisions on Behalf of the utility.
However Judge O'Connell of Michigan Court of Appeals firmly states the MPSC should give all customers the opportunity to address their concerns about the COST of AMI meters which may include other cost such as those related to Health issues.
2. Does the Michigan Public Service Commission have authority over Detroit Edison's decision to force AMI meters on consumers? The reason for the complaint!
The 2005 Energy Act says it is to be a CHOICE provided by Utility Corporations for consumers whom want to save money on rates for electricity and energy consumption.
1. Are (Smart Meters) AMI meters mandatory in Michigan? NO!
SMART METER's - Legal Standings
"Questions that must be answered!"
Self Reading Your Meter?
Consumer Standards and Billing Practices
says its your right.
The ability for all of us to address our Constitutional Rights and seek redress for our perceived wrongs such as those against the forced utility mandate to invade our homes is through the hard work and dedication of others before us that paved the way with facts and legal decisions.
These are presented here for the basis for a Formal Complaint with the Michigan Public Service Commission.
1. A Formal Complaint with the MPSC must adhere to "prima facie" rules. The Rules provided here are from the MPSC.
YES, Judge O'Connell of the Michigan Court of Appeals Docket No. 317434 and 317456, specifically addresses the extra cost burden of the DTE Opt-Out and its potential for double dipping of cost to the consumer and his belief that the health, privacy and safety issue should be addressed as part of the cost to consumers.
See Page 15 - PSC Motion for Reconsideration which documents Judge O'connell's decision to protect consumers.
3. The Complaint should address rules, guidelines and statutes that the MPSC may have jurisdiction over such as the Consumer Billings and Standards Practices.
.The failure to comprehend the legal perspective and perception of the AMI meter mandate must be addressed as to protect ourselves from the unnecessary cost burden, personal health issues, dangers to our living environment and the Constitutional lack of representation and protection. This can best be achieved by addressing legal precedents and requirements from accumulated legal documentation which i attend to provide here..
This information is provided as examples of ACTS REASONABLE AND
PRUDENT PEOPLE RELY ON IN THEIR NORMAL COURSE OF BUSINESS.